Frequently Asked Questions

At Sporting Systems, we adhere to safety best practices and comply 100% with all State and Federal laws regarding firearm sale and use. Consult the following for answers to the questions we encounter most often:

Because we want you to be relaxed and enjoy your visit. Hospitality and service is what we offer; the guns sell themselves.

Do you do private party transfers?

Yes. We will process private party transfers. We will also accept shipment from online retailers. However, please contact us PRIOR to shipping those items, we must have an incoming record and provide a copy of our FFL to the seller. We can also ship items for the same $30 transfer fee plus the actual cost of shipping.

How much are your transfer fees?

We charge $30 for online transfers, private party and transfers from gun shows. Each additional firearm is $20 each. If you’re active military, a vet, fire/ems or police, there is no charge for the first transfer (up to 2 per person/per year). NFA transfer are $75 each and no fee waiver. Proof of service/employment is required at the time transfer for the fee waiver.

Any items left over 30 days will be assessed a small storage fee of $10 per month. Any items left over 90 days, MAY be sold and the proceeds donated to a local law enforcement or veteran charity.

Any item received without a completed transfer form application will be assessed an additional $20 fee and “free transfers” are no longer applicable. Clients must provide advance notice via the firearm transfer form or completing the form on this page; click on the link below

You are NOT charged on private party transfers. However, on any transfer from a commercial operation, we are required to collect 8.4% sales tax. Please bring a copy of your invoice with you when you pick up your firearm.

Do you buy/trade in used guns?

Yes, if they are in excellent condition and match the type of product we have in the store.

Do you accept consignments?

Yes, the fee will vary based on the item value and market demand, generally fees are 25%. Consignments must be left 90 days or will forfeit the consignment fee if returned early. To return a consignment item, you must pass a NICS background check and complete the paperwork as if you’re purchasing the firearm.

Do you install Night Sights?

Yes, we do. There are some limitations based on the firearms and sights required. There is no charge for guns and sights purchased here. We will mount our sights on your gun for $20. We will mount your sights on your existing gun for $30.

Do you have complete gunsmith services?

Not at this time. It is in our short-term plan. We do armorers’-level work on pistols and rifles.

Glock Blue Label Dealer?

Yes we are, but please note that supplies for Blue Label guns are very tight and getting tighter. $100 deposit required

Are suppressors legal in Washington?

Yes, and they are a lot of fun, too. Reducing noise is both polite to those nearby, as well as good for your safety by reducing potential damage to your hearing. It is legal to hunt with a suppressor in many states, including Washington.

How long do form 4 applications take?

Approximately 5-6 months after submission. We can usually process your form 4 within 24 hours of your purchase, but cannot promise this time frame.

I live in Oregon. Can I buy a suppressor in WA?

Yes, but we have to deliver through your home state class 3 FFL.

What firearms are regulated under the NFA?

a shotgun having a barrel or barrels of less than 18 inches in length;

a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;

a rifle having a barrel or barrels of less than 16 inches in length;

a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;

any other weapon, as define in subsection (e);

a machinegun;

any silencer (as defined in section 921 of title 18, United States Code); and

a destructive device.

Does the possessor of an NFA firearm have to show proof of registration?

Yes. The approved application received from ATF serves as evidence of registration of the NFA firearm. This document must be made available upon request of any ATF officer. It is suggested that a photocopy of the approved application be carried by the possessor when the weapon is being transported.

May a private citizen register a firearm not previously registered in the National Firearms Registration and Transfer Record?

Are parts or kits which would convert a firearm into a machinegun subject to registration?

Yes.

If a person has a pistol and an attachable shoulder stock, does this constitute possession of an NFA firearm?

Yes, unless the barrel of the pistol is at least 16 inches in length (and the overall length of the firearm with stock attached is at least 26 inches). However, certain stocked handguns, such as original semiautomatic Mauser “Broomhandles” and Lugers, have been removed from the purview of the NFA as collectors’ items.

May the short barrel on an SBR or SBS be replaced with a long barrel for hunting or other purposes, with the intent of replacing the short barrel?

Yes, and you will not be required to again register the firearm before replacing the short barrel. ATF recommends written notification to the NFA Branch when a firearm’s configuration is permanently changed or removed from the purview of the NFA.

Generally, no. However, applications to make and register machine guns on or after May 19, 1986 for the benefit of a Federal, State, or local government entity will be approved if documentation can be provided, along with the application to make a machinegun, which establishes that the machine gun is particularly suitable for use by Federal, State or local governmental entities and is being made at the request and on behalf of such an entity.

May machineguns be transferred from one registered possessor to another?

Yes. If the machinegun was lawfully registered and possessed before May 19, 1986, it may be transferred pursuant to an approved ATF Form 3 or Form 4, as applicable. Local laws will still apply. Currently it is still illegal in Washington, but legal in Oregon.

What is the waiting period in Washington State?

If you have a current WASHINGTON concealed carry permit, you must first be approved by the NICs check. This generally takes a few minutes. However, we can quickly obtain the following replies from the NICs system:

Proceed – Your firearm will be delivered immediately.

Deny – The transaction has been terminated by the FBI. You may appeal the decision directly with the FBI. (See UPIN, below)

Researching – The system is busy and cannot produce results at this time.

Delay – These will often clear in 24-48 hours

If you do not have a current WASHINGTON Concealed Carry Permit, your application will be sent to your local law enforcement office for approval. They have up to 10 business days to return a decision. After 10 days, we are able to deliver the firearm at OUR discretion. If we receive no response from the Chief LEO after 10 days, we will runs a NICS check, and with proceed we MAY deliver the firearm in accordance with Washington State Law. Police officers without a CPL are subject to the same waiting period as all other citizens.

Can my spouse pick up my firearm?

No, only the original signer of the paperwork can take possession of the firearm.

What is a UPIN?

A UPIN is a unique personal identification number, issued by the FBI, if you are frequently delayed or denied access to firearms and wish to appeal the FBI decision. The process takes about 6 months to complete. For more information about UPINs, click here.

How does a person register a firearm or remove a name from a firearms registration?

Only those firearms subject to the National Firearms Act (NFA) (e.g., machineguns, short–barreled rifles and shotguns, silencers, destructive devices, and firearms designated as “any other weapons”) must be registered with ATF.

Firearms registration may be required by State or local law. Any person considering acquiring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions.

What State and local offenses are “misdemeanors” for purposes of 18 U.S.C. 922(d)(9) and (g)(9)?

The definition of misdemeanor crime of domestic violence in the Gun Control Act (GCA) includes any offense classified as a “misdemeanor” under Federal, State or Tribal law. In States that do not classify offenses as misdemeanors, the definition includes any State or local offense punishable by imprisonment for a term of 1 year or less or punishable by a fine.

Is a NICS background check required for the sale of a firearm to a law enforcement official for his or her personal use?

Yes. In such transactions, the law enforcement official is treated no differently from any other unlicensed transferee, and a NICS background check must be conducted.

Are there transfers that are exempt from the NICS background check requirement?

Firearm transfers are exempt from the requirement for a NICS background check in three situations. These include transfers: (1) to transferees having a State permit that has been recognized by ATF as an alternative to a NICS check; (2) of National Firearms Act weapons to persons approved by ATF; and (3) certified by ATF as exempt because compliance with the NICS background check requirement is impracticable.

What should a licensee do if he or she gets a “denied” response from NICS after 3 business days have elapsed, but prior to the transfer of the firearm?

If the licensee receives a “denied” response at any time prior to the transfer of the firearm, he or she may not transfer the firearm.

If the FBI provides a “denied” response after the third business day, and the firearm has already been transferred, the licensee should notify the NICS Section.

What should a licensee tell a transferee who is denied by NICS?

The licensee should inform the transferee that the NICS check indicates that the transfer of the firearm should not be made, however the system does not provide a reason for the denial. The licensee should provide the transferee with the name and address of the denying agency and the NICS or State transaction number, and an appeals brochure created by the FBI or State POC outlining the transferee’s appeal rights and responsibilities. An FBI appeal brochure is available through the FBI NICS section, or at www.fbi.gov/about-us/cjis/nics/appeals/nics-appeals-process/appeals-home.

For what period of time is a NICS check valid?

A NICS check is valid for 30 calendar days for any transaction. The 30 calendar day period is counted beginning on the day after NICS was initially contacted. Where more than 30 calendar days have passed since the licensee first contacted NICS, the licensee must initiate a new NICS check prior to transferring the firearm. It is not necessary to complete a new ATF Form 4473, but the results of the new NICS background check must be recorded on the form.

Example1: A NICS check is initiated on May 15th. The licensee receives a “proceed” from NICS. The transferee does not return to pick up the firearm until June 22nd of the same year. The licensee must conduct another NICS check before transferring the firearm to the transferee.

Example 2: A NICS check is initiated on May 15th. The licensee receives a “delayed” response from NICS; no further response is received. The transferee does not return to pick up the firearm until June 16th of the same year. The licensee must conduct another NICS check before transferring the firearm to the transferee.

Can one NICS check be used for more than one firearms transaction?

No. A licensee must initiate a new NICS background check for each completed firearms transaction. However, a person may purchase or acquire several firearms in one transaction.

[27 CFR 478.102]

Example: A transferee completes an ATF Form 4473 for a single firearm on February 15. The licensee receives a “proceed” from NICS that day. The licensee signs the form, and the firearm is transferred. On February 20, the transferee returns to the licensee’s premises and wishes to acquire a second firearm. The acquisition of the second firearm is a separate transaction. Therefore, a new NICS check must be initiated by the licensee.

Example: A transferee completes ATF Form 4473 for a single firearm on February 15. The licensee receives a “proceed” from NICS that day. The transferee does not return to pick up the firearm until February 20. Before the licensee completes the transfer of the first firearm, the transferee decides to acquire an additional firearm. The second firearm may be recorded on the same Form 4473. The acquisition of the 2 firearms is considered a single transaction. Therefore, the licensee is not required to conduct a new NICS check prior to transferring the second firearm.

What happens if the transferee successfully appeals the NICS denial but more than 30 calendar days have elapsed since the initial background check was initiated?

The licensee must initiate another NICS check before the firearm may be transferred.

Does a licensee who conducts a NICS check have to comply with State waiting periods before transferring a firearm?

Yes. Compliance with Federal background check provisions does not excuse a licensee from compliance with State law. A licensee must follow State law waiting periods.

Example: State X is acting as a point of contact for NICS checks. State law requires the licensee to wait 10 days, rather than 3 days, for a response to the background check prior to transferring a firearm. Because State law provides a 10 day period before a licensee may transfer a firearm, the licensee may not transfer the firearm until 10 days have elapsed since conducting the background check.

Example: State X is acting as a point of contact for NICS checks. State law allows a licensee to transfer a firearm 24 hours after conducting a NICS check and receiving a “delayed” response. Although State law would permit a licensee to transfer a firearm 24 hours after receiving a “delayed” response, the licensee must comply with Federal law which requires the licensee wait 3 business days prior to transferring a firearm where the licensee has not received notice the transfer would be prohibited.

Example: The law of State X provides for a 5 day waiting period before a handgun may be transferred by a licensee. An individual completes an ATF Form 4473 for the purchase of a handgun, a NICS check is conducted, and a “proceed” response is given by NICS. Although the licensee received a “proceed” response, the licensee must comply with the State waiting period, and the licensee may not transfer the firearm until the State 5 day waiting period has elapsed.

Must a transferee provide his or her social security number on the ATF Form 4473?

No. This information is solicited on an optional basis. However, providing this information will help ensure the lawfulness of the sale and avoid the possibility that the transferee will be incorrectly identified as a felon or other prohibited person.

What form of identification must a licensee obtain from a transferee of a firearm?

The identification document presented by the transferee must have a photograph of the transferee, as well as the transferee’s name, residence address, and date of birth. The identification document must also be valid (e.g., unexpired) and have been issued by a governmental entity for the purpose of identification of individuals. An example of an acceptable identification document is a current driver’s license.

A combination of government issued documents may be used to meet the requirements of an identification document. For example, a passport which contains the name, date of birth, and photograph of the holder may be combined with a voter or vehicle registration card containing the residence address of the transferee in order to comply with the identification document requirements. A passport issued by a foreign government is also acceptable so long as it has all of the required information.

Whether a hunting license or permit issued by a retailer meets the definition of an identification document is State law specific. This license or permit meets the definition of an identification document if the State in which the retailer is located has authorized the retailer to supply State issued documents. If the State recognizes the hunting license or permit as government issued, then this license or permit would qualify as being government issued for the purposes of supplementing another government issued identification document.

A description of the location of the residence on an identification document, such as a rural route, is sufficient to constitute a residence address provided the purchaser resides in a State or locality where it is considered to be a legal residence address.

What is the legal age to purchase firearms?

18 years old for long guns and rifle ammo. 21 years old for handguns, suppressors, SBRs, long guns, ammo and lower receivers.

Can I buy a gun for my family member?

Yes, if he or she is an immediate, legal family member (aunt, uncle, brother, grandkid, wife, son).

Can I buy a gun for my best friend?

Yes, however, your friend must submit to the background check and pistol transfer form. You cannot transfer a firearm to anyone, other than a licensed firearm dealer, law enforcement officer, or immediate family member, under Washington law.

Does a Canadian citizen residing in the United States need an alien number or admission number to purchase a firearm?

Yes. All non–U.S. citizens need an alien number or admission number to purchase a firearm from a Federal firearms licensee (FFL). A FFL cannot complete the sale without an alien or admission number. This is the case even if you have a State permit that ATF has determined qualifies as a “NICS alternative” and therefore do not need to have a NICS background check.

May a licensee sell interchangeable ammunition such as .22 caliber rimfire ammunition to a person less than 21 years of age?

Yes, provided the buyer is 18 years of age or older, and the licensee is satisfied that the ammunition is for use in a rifle. If the ammunition is intended for use in a handgun, the buyer must be at least 21 years of age.

May a licensee lawfully transfer a frame or receiver to an unlicensed individual who is less than 21 years of age?

No. A frame or receiver is a type of firearm “other than a shotgun or rifle” and the transfer by a licensee to an individual less than 21 years of age would be prohibited.

May a licensee lawfully transfer a frame or receiver to an unlicensed person who resides outside his or her state?

No.

How does a licensee handle the sale of a consignment firearm?

Firearms received for sale on consignment must be entered in the licensee’s acquisition and disposition record. The sale of a consignment firearm is handled in the same manner as other firearm sales.

Return of any consigned firearms by the licensee to the consignor must be entered in the licensee’s disposition record. An ATF Form 4473 and a NICS check must be completed prior to the return of such firearms.

May a licensee sell a firearm to a nonlicensee who is a resident of another State?

Generally, a firearm may not lawfully be sold by a licensee to a nonlicensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensee whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the licensee in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over–the–counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

How may an unlicensed person receive a firearm in his or her State that he or she purchased from an out–of–State source?

An unlicensed person who is not prohibited from receiving or possessing firearms may purchase a firearm from an out–of–State source, provided the transfer takes place through a Federal firearms licensee in his or her State of residence.

May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?

Yes. However, persons less than 18 years of age may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunting.

How may a licensee participate in the raffling of firearms by an unlicensed organization?

Depending on how the organization arranges for the firearms to be transferred to the raffle winner, the licensee’s participation may vary.

Example 1: A licensee transfers a firearm to the organization sponsoring the raffle. The representative acting on behalf of the organization must complete the ATF Form 4473 and undergo a NICS background check. When the buyer of a firearm is a corporation, association, or other organization, an officer or other representative authorized to act on behalf of the organization must complete the form with his or her personal information and attach a written statement, executed under penalties of perjury, stating that the firearm is being acquired for the use of the organization and the name and address of the organization. Once the firearm had been transferred to the organization, the organization can subsequently transfer the firearm to the raffle winner without an ATF Form 4473 being completed or a NICS check being conducted. This is because the organization is not a licensee. However, the organization cannot transfer the firearm to a person who is not a resident of the organization’s State of residence nor can the organization knowingly transfer the firearm to a prohibited person.

Example 2: The licensee or a representative of the licensee brings a firearm to the raffle so that the firearm can be displayed. After the raffle, the firearm is returned to the licensee’s premises. The licensee must complete an ATF Form 4473 and conduct a NICS background check prior to transferring the firearm to the winner of the raffle. If the firearm is a handgun, the winner of the raffle must be a resident of the State where the transfer takes place, or the firearm must be transferred through another licensee in the winner’s State of residence. If the firearm is a rifle or shotgun, the licensee can lawfully transfer the firearm to the winner of the raffle as long as the transaction is over–the–counter and complies with the laws applicable at the place of sale and the State where the transferee resides.

Example 3: If the raffle meets the definition of a qualifying event, the licensee may conduct business at that event.

Please note, if the organization’s practice of raffling firearms rises to the level of being engaged in the business of dealing in firearms, the organization must get its own Federal firearms license.

Can I build my own AR in your shop?

Yes, we encourage it. Use our workbench, use our tools, ask for our guidance. We are here to help, but please respect our time constraints during the business hours, as well as our posted closing time, as we have other clients to assist and families to go home to. If you’d like dedicated assistance, please book a private builders session. See the Build A BeAR-15 video.

Who can buy a lower receiver at your shop?

A Washington resident, who is at least 21 years old. We can also transfer them through a dealer in your home state.

What are the easiest and best upgrades I can make to my AR?

Barrel, trigger, optics. A barrel makes the gun accurate. A trigger helps make you more accurate. The optics let you see what you want to hit, so the trigger and barrel can do their jobs.

Does an individual need a license to make a firearm for personal use?

No, a license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution. The law prohibits a person from assembling a non–sporting semiautomatic rifle or shotgun from 10 or more imported parts, as well as firearms that cannot be detected by metal detectors or x–ray machines. In addition, the making of an NFA firearm requires a tax payment and advance approval by ATF.

Are some items being marketed as non-firearm unfinished” or “80%” receivers actually considered firearms?

Yes, in some cases, items being marketed as unfinished or “80%” receivers do meet the definition of a “firearm” as defined in the GCA. Persons who are unsure about whether an item they are planning to buy or sell is considered a firearm under the GCA should contact ATF’s Firearms and Ammunition Technology Division (FATD).

What is an “80%” or “unfinished” receiver?

“80% receiver,” “80% finished,” “80% complete,” “unfinished receiver” are all terms referring to an item that some may believe has not yet reached a stage of manufacture that meets the definition of firearm frame or receiver found in the Gun Control Act of 1968 (GCA). These are not statutory terms or terms ATF employs or endorses.

Are “80%” or “unfinished” receivers illegal?

Receiver blanks that do not meet the definition of a “firearm” are not subject to regulation under the GCA. The ATF has long held that items such as receiver blanks, “castings” or “machined bodies” in which the fire-control cavity area is completely solid and un-machined have not reached the “stage of manufacture” which would result in the classification of a firearm per the GCA.

See comparison examples:

When does a receiver need to have markings and/or serial numbers?

Receivers that meet the definition of a “firearm” must have markings, including a serial number. See 27 CFR § 478.92 (Firearm manufacturers marking requirements).

Can a person prohibited by law from possessing a firearm own a black powder firearm?

Because black powder firearms are considered antique firearms, the possession of a black powder firearm by a person subject to Federal firearms disabilities is not prohibited by the GCA. However, a person subject to Federal firearms disabilities may not receive and/or possess black powder firearms that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof which are classified as “firearms.” Additionally, State law may prohibit the possession of a black powder firearm by persons who are not Federally prohibited from possessing them. Please contact your State Attorney General’s Office for information regarding black powder firearms.

Special Orders

Parts & Accessories – full payment at time of order.

Firearms – common items, $100 non refundable deposit

Firearms – uncommon items, full payment on order

No returns on special order items.

Return Policy

Firearms – will be treated as used firearms and taken on trade or repurchased at used prices.

Suppressors & SBRs – Non refundable after order.

Parts & Accessories – 100% refund / credit with original receipt and packaging, unused condition for 30 days. If packaging is damaged or missing, subject to a 30% restocking fee. After 30 days, in store credit may be issued at manager’s discretion.

Classes and training – No refunds or credits if cancelled 7 days or less before the class/training.

Trusts – No refunds on trust packages once prepared, regardless of delivery. Missed signing/notary dates are subject to a $40 reprint/rework fee per missed appointment.

Lay away terms

50% down and balance due within 60 days. Layaways are non refundable.

Open and Concealed carry on premises

Personal firearms being carried into the store:

Upon entry, we will ask to inspect any firearm that is not immediately on your person. (cased, bagged, boxed or otherwise). We encourage lawful and legal open or concealed carry in our store, we only ask that you do not handle, draw or present your carry weapons while on premises, this is hard rule with no exceptions other than lawful self defense.

Do not bring in ANY loaded firearm.

Do not bring in loose ammunition or loaded magazines in your weapon, range bag or elsewhere, do not remove backup magazines from your person.

We are happy to discuss your concerns, but the safety of clients and employees are of the utmost importance. Please respect our rules and then you won’t have to ring the dumbbell.

(1) While Florida’s law allows licensees to carry stun guns, knives, and billy clubs in a concealed fashion, the laws in these states allow for concealed carry of handguns or pistols only, not weapons in general. Florida license holders are prohibited from carrying other types of weapons while in these states.

(2) The State of Vermont does not issue weapon/firearms licenses. Florida licensees – indeed, licensed or unlicensed citizens from any state – may carry in Vermont. This presents a problem for reciprocity with Florida. Florida law provides that an out-of-state resident must have in his or her immediate possession a valid license to carry a concealed weapon or firearm. Since Vermont residents have no such license, the right to concealed carry cannot be extended to them under Florida law.

(3) Individuals under 21 years of age qualify for concealed weapon licenses in these states. HOWEVER, any licensee of these reciprocity states who is not 21 years of age or older is prohibited from carrying a concealed weapon or firearm in Florida.

(4) These states will honor the Florida concealed weapon license only if the licensee is a resident of the state of Florida.

(5) These states issue concealed carry licenses to qualified individuals who are non-residents. These non-resident permits cannot be honored under Florida’s reciprocity provision.

UTAH Reciprocity:

Although there are many states that will recognize the Utah concealed firearm permit, the State of Utah has formal reciprocity (written agreement) with the following states (Click on the name of the state for further information):

(Previously known as ATF Proposed Rule 41p)Please Note:This FAQ is for information purposes only and is NOT legal advice.Please consult with an attorney if you have any legal questions.

What is ATF Rule 41f?
ATF Rule 41f is the final regulatory rule signed by the Obama administration on January 4, 2016 regarding the transfer and manufacture of weapons regulated by the National Firearms Act. The initial proposed rule (Rule 41p) proposed adding a new definition of a “responsible person” (RP) to the regulations and would have required all RPs in any entity used to purchase or manufacture NFA weapons to obtain the signature of their Chief Law Enforcement Officer (CLEO signature) on the application, as well as submit fingerprints and photographs for review by ATF examiners. Entities, such as trusts, LLCs and corporations, have become popular for acquiring NFA weapons because individuals experienced great difficulty in obtaining the CLEO signature in many areas of the country, if it was not outright impossible, and the use of an entity to acquire such weapons did not previously require the applicant to obtain the CLEO signature.

Over 9,500 comments were submitted to the ATF voicing opposition to this proposed rule, highlighting the fact that the rule, as proposed, would create a defacto ban on NFA weapons such as silencers in jurisdictions where CLEO signatures were impossible to secure, in addition to other related concerns.

ATF Rule 41f is the Obama administration’s final version of the proposed rule and will have a substantial impact on the use of trusts and other entities in the acquisition and sharing of NFA weapons.

When does Rule 41f take effect?
The effective date of the rule will be 180 days from the date that it is published in the Federal Register, which was January 15, 2016. That makes it effective July 13, 2016. All paperwork that was submitted to the NFA Branch for processing prior to July 13, 2016 will be processed under the former rules.

What is a Responsible Person?
While the comments of the preamble to the rule give varying interpretations of an RP, the actual language of the rule basically says that an RP is any individual who possesses the power or authority to direct the management and policies of the trust or entity to receive, possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust or legal entity. The definition goes one step further in defining an RP for a trust, saying that this definition includes any person with the capability to exercise such power and possesses the power or authority to possess, ship, transport, deliver, transfer, or otherwise dispose of a firearm for, or on behalf of, the trust.

Boiled down, this refers to grantors and trustees of a trust. The ATF even clarifies that beneficiaries of the trust are not considered to be RPs if they do not have the capability to exercise the powers or authorities specified.

The language addressing RPs in a trust appears to raise the possibility that a class of trustees could be created who have no authority to “direct the management and policies of the trust” but may still have possession of trust assets, which would appear to be similar in rights and powers to lower level employees of a business entity.

If confirmed, this may provide a mechanism to permit possession of NFA weapons by others without having to go through the new application requirements created by the new rule.

How will this affect my existing gun trust?
The construction of the final rule does not apply directly to existing trusts or entities in possession of NFA weapons, but to future applications made by both individuals and entities. After July 13, 2016, you will be required to submit or do the following with any Form 1 or Form 4 application:

a complete copy of your trust and any schedule or exhibit referenced by it;

for each RP –

Two FD-258 fingerprint cards

A 2X2-inch photograph taken within the last year

A completed NFA Responsible Person Questionnaire (ATF Form 5320.23). This form will require the input of a RP’s full name, position, Social Security number (optional), home address, date and place of birth and nationality

Provide CLEO “notification”

Prior to submission, the applicant must forward a completed copy of the application form (Form 1 or Form 4) and all other RPs must forward a completed copy of their Form 5320.23 to the CLEO of the locality in which the applicant or RP is located. The new rule also defines who may be considered the CLEO as “the local chief of police, county sheriff, head of the State police, or State or local district attorney or prosecutor.”

If I have had an application approved within the preceding 24 months, will I have to resubmit all of the documents required above?
No. If a trust application has been approved within the preceding 24 months of your current application, and there has been no change to the documentation previously provided (no new PRs), a certification can be submitted instead, stating that the information has not been changed since the prior approval and identifying the prior application by form number, serial number and the date on which it was approved.

Will already pending applications be impacted by Rule 41f?
No. The final rule clearly states that it “is not retroactive” and will not apply to applications that are in pending status, which will include “all applications postmarked prior to the effective date of the rule”.

Will I need to submit anything to the ATF simply because I change my trust?
Apparently not. The proposed rule considered a requirement that notification of the change would have to be submitted to the ATF within 30 days of the change in RPs. However, the final rule states “The Department is not requiring, in this final rule, that new responsible persons submit a Form 5320.23 within 30 days of any change of responsible persons at a trust or legal entity.” However, if a Form 1 or Form 4 is submitted, documentation reflecting changes existing at that time must be filed with the ATF as specified above.

This may also provide a mechanism to simplify applications. If you have added RPs and have subsequently removed them prior to making a future application, so that conditions reflect the status at the time of the prior application or as exist in your original trust document, no additional RP information may be necessary.

What happened to the CLEO signature requirement?
The CLEO signature requirement was replaced with a CLEO notification requirement and this change applies to all transferees and makers of NFA firearms. This significant change from the proposed rule is certainly a welcome sight, given that a requirement that all RPs would have to obtain CLEO signature would have created a prohibition by regulation in many areas of the country. However, the requirement is still problematic in that it requires you to disclose confidential tax information and there is no centralized place designated to send it. Remember, the definition of a CLEO includes your local chief of police, county sheriff, head of the State police, or State or local district attorney or prosecutor. That raises the question, how do I prove that I submitted it if my local police chief fails to retain it in his records? Multiple RPs in a single trust could submit their Form 5320.23 to multiple CLEOs, creating chaos if you are ever forced to prove your compliance with the new rule. This would suggest that the use of registered mail to deliver such forms would be advisable.

The new rule clarifies that “an executor, administrator, personal representative, or other person authorized under State law to dispose of property in an estate (collectively “executor”) may possess a firearm registered to a decedent during the term of probate without such possession being treated as a transfer”.

The phrase “during the term of probate” seems to assume the fact that all estates are going to be probated in the proper timeframe. In most states, there is only a limited period of time to commence a judicial probate process, oftentimes a period of 3 years. Many estates do not require a probate process to transfer the decedent’s other assets, because of the existence of joint ownership, beneficiary designations and revocable living trust planning.

If the family forgets or never realizes that a probate must be opened to transfer a simple suppressor with a value of less than $1,000, they may be precluded from doing so after limitation period has expired. Does this new rule change then prohibit any transfer from occurring after that point when it may not be possible to appoint an executor anymore?

What will the new rule do to existing wait times for NFA applications?
This may be the most concerning element of the new rule. The ATF actually estimates that implementation of the new rule will INCREASE processing times to “six to eight months”, but expects that this will again subside once they have adapted and adjusted to the new process. It further states that the agency “will work to increase its resources and staffing to process the applications”, which unfortunately may be nothing more than a hollow statement. But here is possibly the most alarming statement of all: “Of course, continued increases in the number of applications submitted may correspondingly continue to place pressure on processing times.” Given the frenzied buying of gun trusts and rush to get applications submitted that has been seen in just the single day since the new rule was signed, this statement looks quite prophetic, indeed.

Is it too late to set up a gun trust and make applications?
Absolutely not. You can create a gun trust right away and get applications submitted that may never be impacted by the new rule, assuming that you don’t make future applications after its effective date.

Does the new rule render gun trusts meaningless?
No, not at all. The gun trust will still be extremely advantageous in owning NFA weapons. While you may be subject to some new requirements in making future applications (which may be minimized, as discussed above), a gun trust is without doubt the best way to legally share the use of NFA weapons with others. The possibility of an accidental felony transfer of NFA weapons by permitting others to use them can be eliminated by holding the weapons in trust and making others beneficiaries and co-trustees of the trust.

In addition, use of a gun trust eliminates the need for a judicial probate process to transfer the weapons upon your death. When you consider that an attorney’s retainer to do the most basic of probates may be $2,500 or more, this is a no-brainer.

Finally, a properly constructed gun trust is a comprehensive management system to instruct successors on how these weapons need to be handled, so that they know what restrictions are involved and don’t get into trouble with these weapons.